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PEOPLE v. LEE SYKES

37 A.D.2d 974 (1971)

The People of the State of New York, Respondent, v. Henry Lee Sykes, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 15, 1971

Judgment affirmed.

No opinion.

Gulotta, J., dissents and votes to reverse the judgment and to order a new trial, with the following memorandum, in which Rabin, P. J., concurs:

In my opinion, reversible error was committed by the Trial Justice in failing to submit to the jury the issue of the voluntariness of an incriminating statement made by defendant, offered at the trial, notwithstanding that the issue had preliminarily been passed...

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